Houston Divorce Lawyer & Attorney : Cavers Law Firm : Texas Family Mediation & Adoption Lawyer

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The answer may depend upon which Texas court has jurisdiction over the case. The 14^th Court of Appeals in Houston, Texas and the Amarillo Court of Appeals have differing view points. 

If your case is in the Houston area, there is a tougher standard the custodial parent must satisfy to avoid being held in contempt (i.e., serving jail time for violating of a court order).

A 1995 Houston case requires that the custodial parent “drag the kids to the visiting parent’s car kicking and screaming” or face contempt. See Ex Parte Rosser, 899 S.W.2d 382 (Tex. App. – Houston [14^th Dist.] 1995, no writ). The only exception is if the custodial parent can affirmatively demonstrate his/her inability to compel the child to visit with the parent is involuntary. 

Other appellate courts have held that so long as the custodial parent has the children ready to go for visitation and they refuse, the custodial parent cannot be held in contempt. See Ex Parte Morgan, 886 S.W.2d 829 (Tex. App. – Amarillo 1994, no writ). 

In the realm of visitation drama, there may be instances where a parent: (1) actively discourages or impedes the visitation; (2) is passive about insisting that the child visit the other parent; or, (3) is truly unable to make a child comply with the visitation schedule. If your situation falls into the 1^st category, you run a high risk of behind held in contempt of court. If your situation falls into the 2^nd category, you might rethink your approach. Unless you have legitimately exercised every age-appropriate, reasonable option, the non-custodial parent may prevail in a contempt action. That may mean jail time for the parent who does not make concerted efforts insisting that the child visit the other parent, in addition to other penalties such as court costs and attorney’s fees. 

Of course, parents should exercise some common sense. It is quite different when a 9 or 10 year old digs in his/her heels about visitation. In that case, if there is no legitimate concern as to fitness of the other parent, some discipline is in order. The situation is quite different when a 16 year-old with a busy school and activity schedule decides for him/herself that he/she doesn’t want to spend time with the other parent.